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JYOTIRMOYEE NAG, SUNIL KANTIKAR
KALPANA SANYAL – Appellant
Versus
SUJATA BUILDERS & PROMOTERS (I) PVT. LTD. – Respondent


ORDER

Mrs. Justice Jyotirmoyee Nag, President — Smt. Kalpana Sanyal is a Housewife, now living with her ailing husband and only unemployed son at 16, Suren Sarkar Road, Calcutta-10. The petitioner’s husband retired on the 31st January, 1982 from the employment of Central Government. As they had to vacate the Central Government Quarters the petitioner’s husband booked a flat about 800 Sq. Ft. in a housing project at Picnic Gardens. At that time she came to live with her parent’s house at Suren Sarkar Road, Calcutta with her husband and son to look after her old parents. Both her parents died, the mother died in September, 1982 and the father died on 5th March, 1990. The flat booked by her husband at Picnic Gardens was to cost more as the floor area of the basement has been included proportionately in the floor area of individual flat and also tile rate per Sq. ft. had increased. She tried to get a smaller flat which was not available. As the petitioners husband was unable to meet the expenses of the flat he asked for refund of advance money Rs. 25,000/- only which was refunded without interest. The petitioner’s mother had gifted a plot of land of about 4 cottah at Krishnapur in 1967


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